Agenda item

Application: 2020/0828/S73

Location: Quarry Drop, Westfield Lane, South Milford, Leeds

Proposal: Section 73 application to vary condition 04 (approved plans) of planning permission 2010/0507/FUL for construction of a five-bedroom, three storey detached house

The Senior Planning Officer presented the application which had been brought before Planning Committee following consideration at the meeting on 23 September 2020, where Members had resolved to defer the application in order for Officers to gather further visual information.

The Committee noted that the application was a Section 73 application to vary condition 04 (approved plans) of planning permission 2010/0507/FUL for construction of a five-bedroom, three storey detached house.

An Officer Update Note had been circulated to the Committee which set out several points, including the details of five additional letters of representation that had been received. The additional representations had been fully considered by Officers but did not alter the Officer recommendation set out in the agenda, for the reasons set out in the report. Since the Officer’s report had been written, the applicant had submitted a ‘Statement to Planning Committee’, which had been circulated to Members and raised several matters. The objector registered to speak at the meeting had circulated his narrative to the Members ahead of the meeting as it included a number of photographs which could not be shown at the meeting. Lastly, the Committee noted that in relation to paragraph 5.33 of the report there was an update regarding boundary treatments.

Members asked a number of questions of the Officer about the application regarding whether it was a minor material amendment, the classification as a Section 73 application, origins of the letters of objection and support, non-compliance, enforcement action, ridge height and separation distance and the potential effect on the residential amenity of neighbouring properties.

Mr Steve Barker, objector, was invited remotely into the meeting and spoke against the application.

The Committee discussed the application and offered differing opinions as to what decision should be taken. Some Members felt that the application should be refused, whilst others were of the opinion that, despite the several applications, appeals and issues that there had been on the site, the Committee needed to be mindful of the certificate of lawful development that gave permission for the building of a three storey, five bedroom house. Officers believed the amendments to the design of the dwelling under the current application would have an acceptable effect on the residential amenity of neighbouring properties.

It was proposed and seconded that the recommendation in the report be amended to refuse permission for the application, due to the creation of the raised amenity area, extending the height of the house by 12.5ft, which would have a significant adverse impact on the character and appearance of the area and the residential amenity of neighbouring properties in terms of height and scale. A vote was taken on the proposal and was lost.

It was proposed and seconded that the application be granted, subject to the conditions set out in the report; a vote was taken on the proposal and was carried.

RESOLVED:

To GRANT the application subject to the conditions set out at paragraph 7 of the report.